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"It's a vestige of a Cold War-era policy that didn't make sense even during the Cold War. Castro has always been happy to export his political dissidents here to yell and scream," Mehlman says. "Cubans should be treated exactly like everyone else — no better and no worse."
One immigration judge at the Port Isabel Detention Center in Los Fresnos, Texas, Howard E. Achtsam, regularly denies asylum to Cubans — apparently on principle. This forces them to spend more time in detention, though they're eventually freed. "If you're unfortunate enough to get Judge Achtsam, that means you're probably going to get denied," says attorney Jodie Goodwin. "I think he has got to be the only immigration judge in the country that routinely denies asylum for Cubans." (The U.S. Justice Department acknowledges that every Cuban who has passed through Port Isabel in the past two years has been denied asylum.)
Even some prominent Cuban-Americans question the legitimacy of asylum claims by "dusty foot" Cubans. Grisel Ybarra, an immigration attorney in Miami who fled Cuba in 1962, thinks the Cuban Adjustment Act shouldn't apply in Texas. She thinks most Cubans are seeking a better-paying job, not political freedom.
"These Cubans come here, tell some bullshit story at the border, and they get their green card," Ybarra says. "I came here seeking freedom, not hot dogs. My generation, we are refugees; they are immigrants. If you came to Miami and asked Cubans who came here before Mariel [in 1980], 99 percent of them would agree with me...."
Compounding the problem, Ybarra adds, are Cuban-Americans who support illegal human trafficking by paying tens of thousands of dollars to get their relatives off the island. "Cubans are the richest Hispanic group in the U.S.," she says. "We live in million-dollar homes in Coral Gables. We have the money to pay for boats to get people out of Cuba."
In the Florida Straits, the Coast Guard has become more aggressive toward suspected smugglers, according to Chief Petty Ofcr. Dana Warr of the U.S. Coast Guard. Officers are instructed to shoot at boats that do not respond to warning shots. Gunfire has a 100 percent success rate, Warr says, so it's no surprise that smugglers have changed direction. "We know it's happening, that there is a lot of maritime smuggling between Cuba and Mexico," he says. "We have a vested interest because, indirectly, that is illegal smuggling into the U.S."
If smuggling continues to affect the number of Cubans crossing the Texas border, Warr says, Coast Guard ships could patrol as far south as the Yucatán Channel. "The Caribbean Sea is two million square miles, and we try to patrol every bit of it," he says. "We realize we can't catch them all."
Quintana Roo Attorney General Bello Melchor Rodríguez acknowledges Mexican law enforcement is having a difficult time battling smugglers. Moreover, Rodríguez says, some rings employ assassins known as Los Zetas, or The Zs, former Mexican National Police officers and ex-special armed forces soldiers turned freelance mercenaries. Los Zetas are responsible for the turf war-related murder of reputed human trafficker Francisco Javier Fernández Ramírez this past July and the July 27 shooting of suspected Cuban smuggler Alberto Maya Mendoza, who spent two weeks in a coma in a Mérida hospital.
Jenaro Villamil, a reporter for Yucatán newspaper Periódico AM, says the rings act with impunity. "We are talking about a multimillion-dollar industry involving Mexican cartels, local businessmen, corrupt immigration authorities, and the Cuban-American mafia," Villamil says. "The battle for control is taking place in Quintana Roo, specifically in Cancún."
The roots of Miami resident Luis Lázaro Lara Morejón's bloody execution-style killing in Cancún date back at least five years. He and his then-wife, Alely Acosta, arrived in Miami from Cuba in 2002, when they took up residence in a two-bedroom, two-bathroom condominium in west Hialeah, about a three-minute drive from Palmetto General Hospital. Over the next four years, the couple and their two children moved to two different condos within five miles of each other.